§ 300.518 Child's status during proceedings.

Plain English summary

Section 300.518 establishes what practitioners commonly call the 'stay put' rule (also written as the 'stay-put' rule), which generally requires that a child remain in their current educational placement during the pendency of any due process or judicial proceeding. Unless the parents and the agency agree otherwise, the child's placement is frozen during the dispute, with limited exceptions for initial admissions, Part C-to-Part B transitions, and cases where a hearing officer or review official agrees a placement change is warranted.

Key requirements

• The stay-put rule (also called the stay put rule) requires that during the pendency of any administrative or judicial proceeding regarding a due process complaint under § 300.507, the child must remain in his or her current educational placement unless the State or local agency and the parents agree otherwise, except as provided in § 300.533.
• If the complaint involves an application for initial admission to public school, the child must be placed in the public school with parental consent until all proceedings are completed.
• If the complaint involves a child transitioning from Part C to Part B who is no longer eligible for Part C services because the child has turned three, the public agency is not required to provide the Part C services the child had been receiving.
• If the transitioning child is found eligible under Part B and the parent consents to initial services under § 300.300(b), the public agency must provide those special education and related services that are not in dispute between the parent and the public agency.
• If a hearing officer or State review official agrees with the parents that a change of placement is appropriate, that placement must be treated as an agreement between the State and the parents for purposes of the stay put provision in paragraph (a).

Affected parties

• Students with disabilities
• Parents and guardians
• Local Education Agencies (LEAs)
• State Education Agencies (SEAs)
• Hearing officers
• State review officials
• Public schools

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.518